Is Torture Ever Justified?

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Recommended: the history of utilitarianism

In this case, it is in regard to the due process rights of terrorist suspects and the use of torture. Is the use of torture on terrorist suspects constitutional or not? This debate began after 9/11 happened and the government implemented several anti-terrorism measures, in which justification was placed under the veil of utilitarianism. These measures outweighed many individual rights, including due-process rights and the right not to be tortured (Pollock, 2010). This removal of due-process from suspects was "so detainees and aliens could be held without charges for extended periods in investigation detentions" (Pollock, 2010, p.487). Given what the Supreme Court ruled in many cases, including the Brown v. Mississippi case, that severe coercion goes against due process rights, why is this fact different in regard to terrorist suspects? Part of the reasoning, has to do with the association that terrorist suspects are not covered by the laws right to due process, and therefore, torture is a valid method of coercion. On the other hand, it has been argued, that an "individual needs due-process rights because of the awesome power of the state against the weakness of one individual" (Pollock, 2010, P. 490). Furthermore, the United States is "bound by several international treaties that prohibit" the use of torture (Hickey, 2010, p. 78). While the Geneva Convention may pertain to humane treatment of prisoners of war, the International Covenant on Civil and Political Rights (ICCPR) is more general in which "no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment" (Hickey, 2010, p. 79). The United States has used its powerful repetition to avoid any of the ramifications that might result from not following the laws in the treaties. It does not help that there is little to no action taken against countries that do not follow the treaty guidelines (Hickey, 2010). The United States has used all the following as a way to justify the use of torture on terrorist suspects, despite the opposition of constitution, international treaties and Supreme Court rulings.

References:

Brown v. Mississippi - Significance. (2010). Retrieved July 27, 2010, from Law Library - American Law and Legal Information: http://law.

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